Negligent weight-loss surgery

Weight loss surgery, also known as bariatric surgery, is designed to assist overweight patients to lose weight. The NHS will only offer bariatric surgery to individuals who are categorised as morbidly obese. Patients can pay for surgery privately but should also have to meet the correct criteria. Most patients enjoy good results from weight loss surgery however there are a number of things that can go wrong. As with any surgery, there are risks and complications which can occur but sometimes those complications are due to substandard care (negligence) and should have been avoidable.

If you have experienced complications to your health following weight loss surgery then you may be entitled to compensation if the complications were due to negligence. Here at the Clinical Negligence Team we have a group of expert solicitors who specialise in weight loss surgery compensation claims.

How we can help

The Clinical Negligence Team, and in particular Richard Coleman, specialise in dealing with claims relating to negligent weight-loss surgery, and can provide advice and guidance if you believe you may have received substandard treatment.

After you first make contact, we will then:

Use our skills and knowledge to analyse your case

Advise on the next best steps for you to take with your claim

Explore the best ways of funding your case with you if we believe you have one

To make the claims process as simple and stress free as possible, we are always happy to work around your schedule. If we take on your case we are even available for out of hours visits and can come to a location that is convenient for you. We promise to provide you with the highest level of legal guidance and support.

FAQs

When might I have a compensation claim for weight-loss surgery?

If you think you have suffered an injury as a result of weight loss surgery itself or the aftercare you have received, then contact the Clinical Negligence Team to speak to a specialist about your particular circumstances. Take a look at our website for examples of injuries or complications which can be claimed for.

What sort of compensation might I receive?

The concept behind calculating compensation is to put you back in a position that you would have been in, had the negligence not occurred. Compensation for negligent weight-loss surgery is therefore broken down into two categories:

– First for your pain and suffering, and loss of ability to do the things that you used to be able to do. The extent of medical negligence compensation will therefore vary depending upon the severity of the injury and the impact it is having, and will have, on the life of the individual affected and includes psychological, as well as physical, injury; and

– Secondly for any direct financial losses which you have suffered or will suffer in the future. Compensation can include a claim for the costs of any care required, either in the past or future, as a result of the injuries. The costs of items which need to be purchased as a result of the injury can also be claimed. Loss of earnings may be claimed if the injury has affected, or will affect earnings. Losses can also include private medical expenses for necessary therapy/treatment and travel costs, amongst many others.

How long will it take to conclude my case?

The length of any claim will depend on the nature and complexity of your case. Generally speaking the more complex and valuable a case, the longer it will take to conclude. It is not unusual for a clinical negligence case to take 3-5 years to settle although on average a case will take around 2 years to complete, if it is successful.

When can I start a claim?

You should be aware that there are time limits imposed by statute and you should start a claim at court within 3 years of the date of the alleged negligent medical treatment. As it is fairly common for patients not to know at the time that anything might have gone wrong, the three years can start from the date you realise you have suffered a significant injury e.g if you suffer from a leak following bariatric surgery, your three year limit is likely to start from the date that you find out about the injury (leak), rather that the date the original surgery took place.

If you don’t make a claim within three years, then any claim you do make is likely to be what is known as ‘statute-barred’, i.e. out of time, therefore, the sooner you start looking into making a claim, the better. The Clinical Negligence team can advise you about the likely time limit on your case as each case is different and there may be exceptions which can apply.
If you need to make a claim as a result of negligent weight loss surgery, the Clinical Negligence team can help you receive the compensation that you deserve today.

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